Introduction
The legalities in the Convention on the Rights of Children were realized due to the various atrocities the children face globally. It was a treaty based on arbitration by governments, non-governmental organizations, human rights group, legal officers, social workers, health officers and child development experts from various nations around the world. The negotiation amounted to the formulation of a document that cut across cross-cultural values in the bid to provide the nice atmosphere of the growth of a child.
The United Convention is made up of 41 articles that cater for all the rights of the children. The articles can be categorized into survival rights themes, which looks at the life and the most needs of a child. It highlights issues such as food, shelter, living conditions, access to basic health care and education services. An example is Article 6 of the convention, which explains that state parties should uphold the sanctity of the child’s life (UNICEF, 2012)
The next category based on the articles is centered on the development rights of a child. It includes the entitlement of a child to freedom of worship, expression, access to education and information. Also, the convention covers the protection of the child through articles centered on ensuring children are safeguarded from abuse, neglect, and criminal justice. The article lastly gives children the participation rights in engaging in peaceful associations to enhance the child’s capacities to develop.
Analysis of UAE laws, policies and resources for children
The federation of the seven emirates legal structure is based on civil law principles and Islamic Sharia law. The United Arab Emirates legislation, a protocol is formulated in major codes and the laws and policies covering children’s rights issues are within the family law codes. The United Arab Emirates have significantly addressed the rights of children within the Emirates.
The United Arab Emirates constitution to a larger extent has safeguarded the rights of the children. An example is the article 15 of the constitution, which upholds the morality and position of function of families within the United Arab Emirates because this is the social environment of the child. Article 16 of the UAE constitution puts the society in the task of ensuring the protection of children, their caregivers from sickness, incapacity to perform activities that infringe on their rights, early and forced labor (Gomaa, 2011, p. 7).
Article 25 of the United Arab Emirates fosters for equity in both genders of children in terms of avoiding the differential access to resources and treatment based on gender. Children who regarded as minors should not be discriminated based on sex and nationality. An example is the UAE allows the switching of nationality within the Emirates among children before attaining the required age (Gomaa, 2011, p. 4).
Articles 55 and 56 of the Constitution it is concerned with the development of the children by giving maternity leave to the caregivers by ensuring they are given additional payments to cater for the child’s needs. Article 350 of the criminal code covers the protection rights of children while governing them from any danger of child trafficking and child labor (Abu-Zidan, Hefny, & Branicki, 2012, p. 469).
The United Arab Emirates signed to the United Nation Convention on Rights of the Child in the year 1997. The existence of some reservations about some articles raises questionable concerns from other nations on the country eligibility in addressing children’s rights. Issues such as child trafficking and child exposure to obscene materials have not been adequately addressed which guides us to our next concern on the evaluation of the degree to which the United Arab Emirates policies and laws act in accordance to the United Nations Conventions for Rights of a Child.
Evaluation of UAE Laws and Policies
The United Arab Emirates constitution as the major legal framework is compared to the UN Convention in addressing the rights of children within the UAE. The United Arab Emirates signatory membership is in line with Article 2 of the UN Convention, which sets forth rights against discrimination based on sex, gender, race, color, and nationality. The UAE has seen this put in place through their article 25 of their constitution that covers issues on discriminatory of children (Gomaa, 2011, p. 7).
Article 23 of the UN Convention expresses the concern on the mentally and physically disabled access to the basics of life. The United Arab Emirates recent developments have the construction of private schools with the reason for addressing the inequalities that the physically challenged persons face in the society. Article 12 on the issue of education provides the mechanism for the state to look upon the educational opportunities for special people.
On the other hand, UAE has adequately failed to meet the United Conventions protocol based on the reservations in the articles made. The UAE has secluded itself in acting according to all the articles. Article 7 of the UN convention that covers the registration of the nationality of a child is not upheld within the United Arab Emirates. According to the laws in the UAE, the issues of nationality are left to the internal mechanisms of the state through the national legislation. For the UAE nationality of children born from non-citizens is through registration.
Article 14 of the UN Convention relating to the rights of children in terms of freedom of religion, expression, and conscience is not withheld in the UAE. The Islamic law provides guidelines on the issues of how children should relate in regards to freedom of the child.
Article 21 of the UN Convention does not feature within the UAE Constitution. It covers the adoption of child processes, but to the United Arab Emirates the provisions and mechanisms of child welfare are strictly embedded in the Islamic laws that are to be embraced by its citizen. The Islamic law does not allow the adoption of children to be practiced, but the family structure to solve such issues. (Welchman, 2010, p. 11).
Conclusion
In the efforts of trying to come up with an international code of conduct regarding the children’s rights issues several barriers arise. The cultural, religious and social backgrounds of the different nations make it difficult for the articles to adhere fully. A case in the United Arab Emirates shows the several articles that are in agreement with the United Conventions while some are contrary to the conventions. The need for taking in consideration of the cultural and religious stands of United Arab Emirates should be basically to improve the welfare of children.
References
Abu-Zidan, F. M., Hefny, A. F., & Branicki, F. (2012). Prevention of child camel jockey injuries: a success story from the United Arab Emirates. Clinical Journal of Sport Medicine, 22(6), 467-471.
Gomaa, F. (2011). Children rights in United Arab Emirates (UAE). Retrieved from https://dppcr.files.wordpress.com/2012/09/childrens-rights-in-uae-fatma-beshir-cairo.pdf
UNICEF. (2012). FACT SHEET: A summary of the rights under the convention on the rights of the child. Retrieved from http://www.unicef.org/crc/files/Rights_overview.pdf
Welchman, L. (2010). Bahrain, Qatar, UAE: First time family law codifications in three Gulf States.